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What is article L145-4 of the commercial code?

Discover at a glance the ins and outs of article L145-4 of the commercial code. An essential article to know to better understand commercial rental relations in France.

Interpretation of article L145-4

discover article l145-4 of the commercial code and its implications, rules and legal provisions in the commercial field in France.

Article L145-4 of the French Commercial Code governs the provisions concerning commercial leases. This section of the law is essential to regulate relations between landlords and tenants, providing a precise legal framework to guarantee the rights and duties of each stakeholder.

Commercial tenant protection

Article L145-4 mainly aims to protect commercial tenants by setting a minimum duration of nine years for commercial leases. This provision ensures a certain security for the tenant, guaranteeing him stability in the operation of his activity. In addition, the tenant has the right to request the renewal of his lease at the end of this period, except in the event of non-compliance with contractual obligations.

Regulation of commercial rents

An important aspect of article L145-4 concerns the setting of commercial rents. The law strictly regulates the evolution of rents by imposing periodic review rules, often linked to the commercial rent index. This measure aims to avoid excessive increases and to guarantee a certain financial predictability for the tenant.

Eviction compensation in the event of non-renewal

In the event of non-renewal of the commercial lease at the initiative of the lessor, article L145-4 provides for the payment of eviction compensation to the outgoing tenant. This compensation aims to repair the damage suffered by the merchant due to the loss of his business and his right to lease.

Protection of stakeholders

Article L145-4 thus contributes to balancing the interests at stake in commercial leases, offering legal protection to both the tenant and the lessor. By regulating the duration of the lease, the setting of rents and the renewal conditions, this provision promotes more stable and transparent rental relationships.

Ultimately, article L145-4 of the Commercial Code constitutes an essential pillar for the proper functioning of the commercial leasing sector in France. Its implementation helps ensure balanced rental relationships, providing protection and security to the stakeholders involved in these specific real estate transactions.

The obligations of the parties according to article L145-4

Article L145-4 of the Commercial Code defines the obligations of the parties in a commercial lease in France. These obligations apply to both the lessor and the lessee and aim to regulate the contractual relations between these two actors.

Lessor obligations

The lessor, a natural or legal person who makes real estate available to the lessee, has certain obligations to respect in accordance with article L145-4. Among these, we find:

  • The peaceful delivery of the rented property: the lessor undertakes to guarantee peaceful enjoyment of the commercial premises to the tenant, without hindrance or disruption of enjoyment.
  • Maintenance and repair of the rented property: the lessor is responsible for maintaining the property in good condition and carrying out necessary repairs, except in the case of hidden defects.

Obligations of the lessee

The lessee, for his part, must also respect certain obligations under article L145-4 of the Commercial Code. These obligations include:

  • Payment of rent and charges: the lessee is required to pay the rent and all rental charges within the deadlines agreed in the lease contract.
  • Compliant use of the leased property: the tenant must use the commercial premises in accordance with the purpose specified in the lease and respect the town planning rules in force.

The consequences of non-compliance with obligations

In the event of non-compliance with obligations by one or other of the parties, consequences may be provided for and regulated by law. It is therefore essential for lessors and lessees to ensure strict compliance with the terms of the commercial lease in order to avoid any dispute.

In conclusion, article L145-4 of the Commercial Code clearly establishes the obligations of the parties in a commercial lease in France. It is essential for the actors involved to know and respect these obligations to ensure healthy and lasting contractual relationships.

Protection of tenants and landlords

The commercial lease is a rental contract which binds a trader or craftsman, called the tenant, and the owner of the commercial premises, called the lessor. This type of lease is governed by specific rules aimed at protecting the interests of both parties involved.

The lessor's obligations

The lessor has several obligations to respect to guarantee the protection of the tenant. Among these, we find:

  • The delivery of premises in good condition of use and repair, consistent with the destination provided for in the lease.
  • Compliance with local safety and health standards.
  • Taking charge of major works and structural repairs.

The tenant's obligations

For his part, the tenant also has obligations to respect to benefit from the protection of the commercial lease. These obligations include:

  • Payment of rent and rental charges on the dates agreed in the contract.
  • Taking care of routine maintenance work and small repairs.
  • Respect for the intended purpose of the premises and the obligation not to harm the peaceful enjoyment of other tenants of the building.

The duration of the commercial lease

The commercial lease has a minimum duration of nine years, but it can be concluded for a longer period. This long duration ensures a certain stability for the tenant, who can thus develop his activity without risk of eviction.

Rent review

The commercial lease may provide for a rent review clause, generally indexed to the construction cost index or commercial rents. This clause makes it possible to adapt the rent to changes in the real estate market and to avoid situations of imbalance between the rent paid and the rental value of the premises.

In conclusion, the commercial lease is an essential tool for governing the rental relationship between a merchant and an owner. By respecting legal and contractual obligations, both parties can benefit from legal and financial protection adapted to their respective needs.

The different case laws linked to article L145-4

The case law concerning article L145-4 of the commercial lease is essential to understand the rights and obligations of the stakeholders. This legal provision governs the minimum duration of the commercial lease and its renewal conditions.
Article L145-4 stipulates that the commercial lease is concluded for a minimum period of nine years, barring justified exceptions. Case law provides clarification on the modalities of application of this rule and the specific cases which may result from it.

Court interpretations

The courts have interpreted article L145-4 in an evolving manner throughout the cases brought before them. Some have stressed the importance of strictly respecting the minimum duration of the lease, while others have granted exemptions for legitimate reasons such as major work to be carried out.
In certain decisions, the judges recalled that the tenant can benefit from the right to renew the lease while respecting the legal conditions, even if the initial lease was concluded for a period of less than nine years.

practical implications

These case laws have practical repercussions on relations between landlords and tenants. They encourage careful consideration when drafting and negotiating commercial leases, in order to avoid potential disputes related to the duration of the lease.
Stakeholders are also advised to keep informed of developments in case law and to consult real estate law professionals to anticipate risks and optimize the conditions of their lease.
In conclusion, the analysis of case law linked to article L145-4 in commercial leases allows us to better understand the legal and practical issues linked to this fundamental legal provision for the real estate sector. Prudence and in-depth knowledge of the legal framework are essential to prevent disputes and promote harmonious rental relationships.

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